35. From December 10 to 15, 1999, the National Police took statements from the fishermen who were on the boat with the Casierra brothers, as well as from the three Ecuadorian Navy personnel and the boat driver who was with them. The contents of the fishermen’s statements can be found above. With respect to the statements of the Navy personnel, the IACHR notes that Navy serviceman Goen Franco Estrada said: I was on watch and at 20:00 hrs. the gentlemen from the fisherman's defense committee arrived to report that a boat had left San Lorenzo with a crew of nine; ... as there was no driver, the committee provided us with a driver; ... we left at approximately 22:30 hours; ... when we drew level with Punta Gorda, we spotted a boat with a red light and nine people on board; we approached to a distance of 200 meters and confirmed that they were pirates; immediately, the driver turned on the lights and the siren and as soon as they realized, they took off at great speed, firing at us; we proceeded to repel the attack and managed to escape as the vessel was very fast; we then headed toward the Ojonera sector and whenever we came upon a boat, we turned on the signals that identified us as the naval police, the fishermen's vessel would stop, and we informed them that there was a boat in the area with nine people on board that was attacking others .... Eventually a boat approached us and told us the following: here around Tonsupa, a boat with a crew of nine chased us and we managed to get away by speeding off; ... we proceeded to approach; ... from about 100 meters away we noticed that there were two boats: in one there were nine and we do not know how many there were in the other as the weather was bad and visibility poor; when we turned on the lights and the siren, they immediately illuminated us, identified us, fired shots at us and the two boats made off in different directions; we proceeded to fire into the air and ordered them to stop; they continued shooting at us; we went in rapid pursuit of the vessel with nine crewmembers with everyone shooting at the motor, where the driver was unfortunately hit.20 36. Franco.21 The other two navy personnel and the boat driver made statements similar to that of Goen 37. On December 13, 1999, Shirley Quiñonez filed a complaint with the Esmeraldas Fifth Lower Criminal Court. Ms. Quiñonez said that the Navy personnel were responsible for the killing and wounding of her brothers in the events of December 8 that year. The Commission notes that the complaint filed by Shirley Quiñonez also made reference to the injuries caused to Darlin Sebastián Casierra and Cristian Sosa Quiñonez. 22 38. The State said that on December 14, 1999, military criminal proceedings were instituted ex officio against the three Navy personnel before the Military Criminal Tribunal of the Third Naval Zone in Esmeraldas.23 The judge issued the order to initiate proceedings the following day. 24 The State said that the vessels involved were inspected, and witness statements taken from the Navy personnel and the person in charge of the port of Esmeraldas.25 The IACHR does not have the documents relating to those procedures. 39. On February 10, 2000, the Esmeraldas Fifth Lower Criminal Court conducted an examination in which it found that the launch used by the Casierra brothers had 49 holes in it. The Commission highlights that the record of that procedure also contains no mention of the discovery of any firearms on the fishermen's launch. At the same time, it was found that the vessel used by the Navy had two holes in it. 26 40. On February 16, 2000, the Esmeraldas Fifth Lower Criminal Court sent an official letter to the Esmeraldas Harbormaster informing that statements were going to be taken from the three Navy personnel and boat driver.27 On February 22 of that year, the Esmeraldas Harbormaster replied to the court, saying: Annex 1, Statement of Goen Franco Estrada, December 15, 1999, Annex 1, record 07-2000, p. 38. Annex 1, Statement of Freddy Enrique Espinosa Zurita, December 15, 1999, Annex 1, record 07-2000, p. 41. Statement of José Angulo Cuero, December 15, 1999, Annex 1, record 07-2000, p. 34. Statement of Fausto Segundo Caicedo, December 15, 1999, Annex 1, record 072000, p. 32. 22 Annex 1, Complaint of Shirley Lourdes Quiñonez, December 13, 1999, Annex 1, record 07-2000, p. 7. 23 State's communication of July 15, 2016. 24 Annex 5. Order to initiate proceedings by the Military Criminal Tribunal of the Third Naval Zone in Esmeraldas, December 15, 1999. Enclosed with the State's communication of July 19, 2001. 25 State's communication of July 15, 2016. 26 Annex 1, Record of examination of physical evidence, February 10, 2000, Annex 1, record 07-2000, p. 151. 27 Annex 1, Record of examination of physical evidence, February 10, 2000, Annex 1, record 07-2000, p. 160. 20 21 5